AD4 order dated July 3, 2014, affirming level three SORA risk adjudication. Decision below: 119 AD3d 1378, 988 NYS2d 827. Court of Appeals granted leave September 23, 2014. Argued September 9, 2015.

ISSUE PRESENTED: Whether defendant was denied due process when the SORA hearing court accepted his waiver of appearance and held the risk-level hearing in his absence, although he expressed a desire to be present at the hearing and proffered an excuse for his inability to attend.